Roberts delivered an opinion today gutting the Consumer Financial Protection Board and helped give power to the unitary executive. The consumer board is a rogue government-in-a-government established by Elizabeth Warren during Barack Obama’s reign.
The decision made it easier for the agency’s leader to be removed for any reason.
In a 5-4 opinion authored by Chief Justice John Roberts, the court struck down part of the law that established a CFPB director who could only be fired for “inefficiency, neglect of duty or malfeasance in office.”
Defenders of the provision said the rules ensured the independence of the watchdog agency, keeping it insulated from politics with a leader not directly answerable to the White House and only removable for cause.
But Roberts writes the director of the agency “must be removable by the president at will.”
“The CFPB Director has no boss, peers, or voters to report to. Yet the Director wields vast rulemaking, enforcement, and adjudicatory authority over a significant portion of the US economy,” he says.
“Such an agency lacks a foundation in historical practice and clashes with constitutional structure by concentrating power in a unilateral actor insulated from Presidential control,” Roberts concluded.
Roberts basically expanded the power of the President to exercise control over appointees of independent executive branch agencies [rogue agencies in our humble opinion].
When they say independent, they mean without oversight and without anyone to reign them in.
It could affect other agencies that operate mostly independently, like the Social Security Administration.
There are longterm structural ramifications in the future. It doesn’t affect his appointee who has served since 2018.
Roberts didn’t give an important win on abortion, however. He likes to serve as the swing vote and he plays politics.